Intra-Court Appeal Under Clause 15 Of Letters Patent Appeal Not Maintainable Against Orders In Exercise Of Criminal Jurisdiction: Calcutta HC

The Calcutta High Court has recently observed that an intra-court appeal cannot be entertained against an order for initiation of criminal proceedings pursuant to Clause 15 of the Letters Patent. 

A Bench comprising Justice Arijit Banerjee and Justice Ananya Bandyopadhyay placed reliance on the Supreme Court decision in Ram Kishan Fauji v. State of Haryana to observe, 

"As we understand, the Hon'ble Supreme Court has laid down in the case of Ram Kishan Fauji that where the order in question causes initiation of a criminal proceeding which may result in punishment of the accused person by way of imprisonment or fine, or if by reason of such order, a criminal proceeding stands terminated, then such an order would be considered to have been passed by the Court in exercise of criminal jurisdiction. In such a case, Clause 15 of the Letters Patent would clearly bar an intra-court appeal."

The instant appeal had been filed against an order of a Single Judge directing the Rabindra Sarobar Police Station to register FIR, inter alia, under Sections 409, 420, 468 and 471 read with Section 120B of the Indian Penal Code against the accused persons and commence investigation as expeditiously as possible. It was further directed that the investigation should be completed within a period of two months from the date of registration of the FIR.

However, maintainability of the plea was objected to by contending that intra-court appeal is not maintainable in view of Clause 15 of the Letters Patent as interpreted by the Supreme Court in the case of Ram Kishan Fauji case. 

The Court noted that the impugned order had directed the police authorities to register FIR and complete the investigation within a specified time period and that such an order had been passed in exercise of criminal jurisdiction. Thus, the Court held that the intra-court appeal is barred by the provisions of Clause 15 of the Letters Patent.

Case Title: Yes Bank Limited v. Malati Saha 

Case Citation: 2022 LiveLaw (Cal) 219

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